What does the NLRB say about social media in the workplace?
The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the …
What social media activity is protected by NLRA law?
The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.
When it comes to social media what should employers recognize as protected concerted activity under the NLRA?
You have the right to take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, or seeking help to form a union. Using social media can be a form of protected concerted activity.
What kind of social media posts are protected by the NLRA what kind of posts are not protected?
Employee social media postings that do not constitute concerted activity—including comments made solely by and on behalf of an employee, or “mere griping” without an appeal to take action—are not protected by the NLRA.
What does the NLRB do?
The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative.
Can I get fired for what I post on social media?
Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” — employers can fire employees for anything, including their social media posts.
What does the NLRB regulate?
The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in …
Who does the NLRB protect?
The National Labor Relations Board protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions.
Who is not protected by the NLRA?
Excluded from coverage under the Act are public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and …
What did the NLRB do in the New Deal?
Congress passed the National Labor Relations Act (popularly known as the Wagner Act) in 1935 to “protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. …
What are the two primary activities of the NLRB?
In its statutory assignment, the NLRB has two principal functions: (1) to determine and implement, through secret ballot elections, the free democratic choice by employees as to whether they desire union representation in dealing with their employers, and if so, by which union; and (2) to prevent and remedy unlawful …
Are there any NLRB memos on social media?
Two of CVS Health’s social media policies requiring employees to disclose certain personal information ran afoul of federal labor law, according to an advice memo from the National Labor Relations Board (NLRB) general counsel’s office. The NLRB general counsel’s office made the 2018 advice memo available on Aug. 15.
Is the National Labor Relations Board protected by social media?
In its analysis, the Board majority applied settled Board law to social media and found that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act.
When did the first NLRB report come out?
The first report, issued on August 18, 2011, described 14 cases. In four cases involving employees’ use of Facebook, the Office of General Counsel found that the employees were engaged in “protected concerted activity” because they were discussing terms and conditions of employment with fellow employees.
Are there any NLRA rules for social media?
Many policies—such as confidentiality, civility and social media policies—that weren’t meant to limit employees’ rights under Section 7 were still deemed unlawful even if an employer had a legitimate justification for the rule. The nature and extent of the potential impact on NLRA rights.